Southern District of Texas • 1:25-cv-00156

Huynh v. Warden

Active

Case Information

Filed: July 14, 2025
Assigned to: Jose Rolando Olvera Jr.
Referred to: Ignacio Torteya III
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 14, 2025
PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATXSDC-33750439) filed by Tho Duc Huynh. (Attachments: # 1 Exhibit A) IJ decision and BIA decision., # 2 Exhibit B) Form I-220B Order of Supervision and personal report record., # 3 Exhibit C) ICE Online Detainee Locator System., # 4 Exhibit D) Letter from Mr. Hyunhs Doctor, Stephan Nguyen., # 5 Exhibit E) Mr. Hyunhs Medication List., # 6 Exhibit F) Mr. Hyunhs Discharge Paperwork from Johns Hopkins., # 7 Exhibit G) Letter from Mr. Huynh's Doctor, Army R. Stone, Neurology Center of Fairfax., # 8 Exhibit H) Mr. Huynh's Medical Report., # 9 Exhibit I) ICE Decision to Continue Detention., # 10 Exhibit J) Order, U.S. Court of Appeals for the Fourth Circuit., # 11 Civil Cover Sheet) (Sandoval-Moshenberg, Simon) (Entered: 07/14/2025)
Main Document: Petition for Writ of Habeas Corpus
Jul 15, 2025
Referral Judge Selected
Jul 15, 2025
Referral Judge Selected: Magistrate Judge Ignacio Torteya, III randomly selected to receive referrals. The District Judge has referred this case to the selected Magistrate Judge for all pretrial matters, pursuant to 28 U.S.C. 636(b). The parties may also consent to having the case assigned to the selected Magistrate Judge. (jrl1)
#2
Jul 21, 2025
ORDER REFERRING CASE to Magistrate Judge Ignacio Torteya, III (Signed by Judge Rolando Olvera) Parties notified. (mp1) (Entered: 07/21/2025)
Main Document: Referring Case to Magistrate Judge
#3
Jul 22, 2025
Order entered by the Court. The Clerk of Court is directed to correct the docket to reflect Francisco Venegas as the respondent. If Venegas is no longer the custodial officer for El Valle, the Government shall inform the Court of who is the proper respondent.It is further ORDERED that Venegas has 20 days from service of the § 2241 Petition to state why the writ of habeas corpus should not issue. The Court will set a deadline for Huynhs reply after Venegass filing (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (dar1) (Entered: 07/22/2025)
Main Document: Order
#4
Aug 01, 2025
RETURN of Service Executed as to Pamela Bondi, Office of the Principle Legal Advisor, Field Office Director, Office of the General Counsel, U.S. Attorneys Office on 07/25/2025 re: Petition for Writ of Habeas Corpus and Show-cause Order, filed. (Attachments: # 1 Proof of Delivery) (Sandoval-Moshenberg, Simon) (Entered: 08/01/2025)
Main Document: Return of Service Executed
#5
Aug 10, 2025
Unopposed MOTION for Extension of Time of Deadline to Respond to PetitionMotions referred to Ignacio Torteya, III. by Pamela Bondi, Field Office Director, Todd Lyons, Kristi Noem, Francisco Venegas, Warden, filed. Motion Docket Date 9/2/2025. (Attachments: # 1 Proposed Order) (Salazar, Baltazar) (Entered: 08/10/2025)
Main Document: Extension of Time
#6
Aug 11, 2025
ORDER granting 5 Unopposed Motion to Extend Response Deadline. Accordingly, the Government is ORDERED to respond to Huynh's § 2241 Petition no later than August 28, 2025. The Court will set a deadline for Huynhs reply after receiving the Governments response. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (mp1) (Entered: 08/11/2025)
Main Document: Order on Motion for Extension of Time
Aug 11, 2025
Order
Aug 11, 2025
CONTINUATION OF DE# 6 FOR STATISTICAL PURPOSES - ORDER granting 5 Unopposed Motion to Extend Response Deadline. Responses due by 8/28/2025. (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (mp1)
#7
Aug 28, 2025
Agreed MOTION to Amend Motions referred to Ignacio Torteya, III. by Tho Duc Huynh, filed. Motion Docket Date 9/18/2025. (Attachments: # 1 Complaint proposed Amended Petition, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit Written consent of counsel for Respondents, # 13 Proposed Order) (Sandoval-Moshenberg, Simon) (Entered: 08/28/2025)
Main Document: Amend
#8
Aug 28, 2025
RESPONSE to 1 Petition for Writ of Habeas Corpus and Motion to Dismiss, filed by Francisco Venegas. (Attachments: # 1 Proposed Order) (mp1) (Entered: 08/28/2025)
Main Document: Response
#9
Aug 28, 2025
Corrected RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS AND MOTION TO DISMISS, filed by Francisco Venegas. (Attachments: # 1 Proposed Order) (Salazar, Baltazar) (Entered: 08/28/2025)
Main Document: Response
#10
Aug 28, 2025
SEALED EXHIBITS 1-10 re: 9 Response by Francisco Venegas, filed. (Attachments: # 1 Exhibit 1- Unsworn Declaration of ICE Deportation Officer, # 2 Exhibit 2- Immigration Judges Decision and Order, July 23, 2003, In the Matter of Tho Duc Huynh, # 3 Exhibit 3- ICE Form I-205, Jan. 31, 2025 Warrant of Removal/Deportation, # 4 Exhibit 4- Order of Supervision, June 4, 2007, # 5 Exhibit 5- Notice to Alien of File Custody Review, Mar. 24, 2025, # 6 Exhibit 6- Notice to Alien of Interview for Review of Custody for Mar. 26, 2025, # 7 Exhibit 7- Request for Travel Documents from Vietnam, Apr. 29, 2025, # 8 Exhibit 8- Record of Deportable Alien, Jan. 31, 2025, # 9 Exhibit 9- Warning for Failure to Depart, Apr. 7, 2025, # 10 Exhibit 10- ICE June 9, 2025 Broadcast Message: Removal of Pre-1995 Vietnamese Aliens) (Salazar, Baltazar) (Entered: 08/28/2025)
Main Document: Sealed Exhibits
#11
Sep 02, 2025
ORDER granting 7 Agreed MOTION to Amend. Accordingly,Petitioner's Unopposed Motion (Dkt. No. 7) is GRANTED. The Clerk of Court is DIRECTED to file Dkt. No. 7-1 as Petitioner's First Amended Petition for Writ of Habeas Corpus, along with all attached proposed exhibits (Dkt. Nos. 7-2 through 7-13). All other settings and deadlines will remain in effect. See Dkt. No. 6 ..(Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (bav1) (Entered: 09/02/2025)
Main Document: Order on Motion to Amend
#12
Sep 02, 2025
Amended ORDER. Accordingly, Petitioner's Unopposed Motion (Dkt. No. 7) is GRANTED. The Clerk of Court is DIRECTED to file Dkt. No. 7-1 as Petitioner's First Amended Petition for Writ of Habeas Corpus as to Respondent, Francisco Venegas, along with the attached proposed exhibits contained in Dkt. Nos. 7-2 through 7-11. All other settings and deadlines will remain in effect. See Dkt. No. 6 . (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (bav1) . (Entered: 09/02/2025)
Main Document: Order
#13
Sep 02, 2025
First AMENDED PETITION against Francisco Venegas filed by Tho Duc Huynh. Related document: 1 Petition for Writ of Habeas Corpus, filed by Tho Duc Huynh. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J) (bav1) (Entered: 09/02/2025)
Main Document: Amended Complaint/Counterclaim/Crossclaim etc.
#14
Sep 02, 2025
ORDER ENTERED. Petitioner is ORDERED to reply to Respondents Response and Motion to Dismiss on or before September 23, 2025. Respondent is FURTHER ORDERED to promptly inform the Court if Petitioner is transferred to a different facility or removed during the pendency of this action. The Court will determine whether to schedule an evidentiary hearing after receiving Petitioners reply Reply due by 9/23/2025 (Signed by Magistrate Judge Ignacio Torteya, III) Parties notified. (edg1) (Entered: 09/02/2025)
Main Document: Order
#15
Sep 23, 2025
REPLY to 8 Response, 9 Response, filed by Tho Duc Huynh. (Attachments: # 1 Exhibit A, Declaration, # 2 Exhibit B, Application for Vietnamese Passport, # 3 Exhibit C, Employment Authorization Document, # 4 Exhibit D, U.S. - Vietnam MOU, # 5 Exhibit E, BIA Decision Denying MTR, # 6 Exhibit F, Alaina Taylor Declaration) (Sandoval-Moshenberg, Simon) (Entered: 09/23/2025)
Main Document: Reply
#16
Jun 08, 2026
Intervene
Main Document: Intervene
#18
Oct 09, 2026
Order on Motion for Leave to File AND Order on Motion to Amend
Main Document: Order on Motion for Leave to File AND Order on Motion to Amend
#19
Oct 09, 2026
Amended Complaint/Counterclaim/Crossclaim etc.
Main Document: Amended Complaint/Counterclaim/Crossclaim etc.
#20
Oct 09, 2026
Order on Motion to Intervene
Main Document: Order on Motion to Intervene
#21
Oct 20, 2026
Show Cause
Main Document: Show Cause
#23
Oct 29, 2026
Summary Judgment
Main Document: Summary Judgment